The prevalence of the parish system was an important feature in the colonial life of Virginia. Much of the power wielded by the vestries did not find expression in the statute laws of the colony, but was inherited from the mother country. From the ealiest days, therefore, agencies of an educational character were at work, which are not often estimated in accounting for the general intelligence of the Virginia people.
One of the duties of the vestry was to take care of the poor of the parish. They had the power to collect taxes for this purpose. Generally, pauper children of free parents were apprenticed, and in some of the vestry books, still preserved, are the contracts by which this was done. In such cases a provision for instruction in reading and writing was generally inserted without regard to race or sex.
Thus in the vestry-book of Petsworth Parish, in Gloucester county, is an indenture, dated October 30, 1716, of Ralph Bevis, to "give George Petsworth, a molattoe boy of the age of 2 years, 3 years' schooling, and carefully to Instruct him afterwards that he may read well in any part of the Bible, also to Instruct and Learn him ye sd molattoe boy such Lawfull way or ways that he may be able after his Indented time expired to gitt his own Liveing, and to allow him sufficient meat, Drink, washing, & apparill, until the expiration of ye sd time, &c., and after ye finishing of ye sdtime to pay ye sd George Petsworth all such allowances as ye Law Directs in such cases, as also to keep the aforesd Indented time from all manner of Charges," &c.
We find also such orders as the following:
[Petsworth Parish], Octobr ye 8, 1724.
It is allso ordrd by this prsent Vestry thatt all Orphant children, bound out by the Parish hereafter, that if they cannot Read at thirteen years old that they shall be sett free from theire sd Mastrs or Missrs or be taken from them.
Taken from the same vestry book is the following copy of an indenture:
This Indenture, made ye 4th day of April, in ye twelfth year of our Sovereign William, King of England, Scotland, France, and Ireland, Defender of ye faith A. D. 1700, witnesseth, &c., &c...
I, Nicholas Smith and William Miller, church-wardens of ye Parrish of Pettsoe, and County of Gloucester, Doe, in the name
and behalfe of the vestry, sign and Deliver unto Mr. William Bernard, an Indenture for Richard Allen, the son of Richard Allen, according to an
order of Vestry, and by the free consent of his Mother, Susanna Allen, we Doe Bind unto Mr. William Bernard ye
ye above-named Richard, for to serve him, the said Bernard, his Heirs, Executors, or Assigns untill he comes to ye age of
twenty and one years, and in all such service or imploy as he, ye said master, shall or will imploy him about, as also ye
said master by this indenture promise, and oblige himself for to give unto the above Bound Richard Allen three years' Schoolling, and he to be sent to school at ye
years of twelfe or thereabouts, and ye said master Doe consent and agree to and with Nicholas Smith and William Miller, church-wardens,
for to finde and alow ye said Richard Allen sufficient aparell, meat, drink, washing, and lodging during ye saide Tearme of time,
and ye said master for to pay unto ye above Bound Richard Allen all such necessary allowances as is to his Due, according to the Custom of this Country. In wittness whereof ye
Parties above have interchangeably sett their Hands and Seals ye Day and year above written. Signed by
| Mr. William Bernard. | ||
| Signed, sealed, and delivered in the presence of us, | ||
| Hugh Macktyer, Clarke of ye Vestrey. | ||
| Conquest Wyatt | ||
The general supervision of such matters belonged, however, to the county court. If the vestries neglected their duty, the county bench did not hesitate to act in their place. As early as 1642-'43 a general law1 was passed which enjoined upon guardians the duty of carefully preserving the estates entrusted to their care and of educating and instructing such orphans "in the Christian religion and the rudiments of learning." This law was, in fact, confirmatory of what had been the custom all along. If the estates were so mean and inconsiderable as to render "a free education" impossible, the Court was required "to bind the orphan out to some manual trade till one and twenty years." In order to enforce the law a special term of the court, called "Orphan court," was held once a year. At this court the justices inquired into the conduct of guardians, removed them if delinquent, and otherwise provided for the orphans' interests.
The following extracts from the county records may be given in illustration:
Lancaster County, Jan'y 6, 1655,--The court hath ordered Jno, ye base child of Thomas Mannan, borne of Eliza: Tomlin, shall, according to ye will of ye mother, bee kept by Roger Harris & his wife until he arrive at ye Age of 18 years, he, ye sd Harris providing yt ye sd child be taught to write & reade. And ye sd Harris have all of ye tobacco due from Jno Robinson pd him at ye crop on ye 10th of November next, the same being 600 & caske.
York County.--Orphants Cort held August 24th, 1648.
Present: Capt Nicholas Martian, Capt John Chisman, Mr. Hugh Gwyn, Mr. ffrancis Willis, Mr. ffrancis Morgan.
Whereas John foster, orphant to John foster, late of Hampton pish, deceased, whoe is left without any mentaynance or estate whatsoever, and Stephen Gill, godfather to ye sd foster, haveing made humble suite to this court that the sd John foster, who hath by him beene already provided for and kept about a yeare, that he may have the tuition and bringing upp of ye sd John foster, and that he may be put wth him for some certayne tyme by this cort. It is therefore ordered that the sd John foster shall live & remaine under tuition & bringing upp of ye sd Stephen Gill, for ye space of nine yeares from ye date hereof. Dureing which tyme ye sd Gill is hereby injoined to p'vide sufficiently for ye sd foster, & to take care that he bee brought upp in ye feare of God and taught to Reade.
Surry County, June 15, 1681.--Wm. Rogers bound apprentice to Thomas Bage to serve till 21--his master to teach him his trade of blacksmith, and the read & wright, &c.
April 15, 1701. Sarah, the daughter of John Allen, decd, is bound to Thomas Bentley until she shall arrive at the age of wighteen years--the said Bentley obligeing himselfe to instruct her in the rudiments of the Christian Religion, to learne or cause her to be learnt to reade perfectly, and at the expiration of the said tearm to provide and give her a decent suit of Apparell, and ordered that Indentures to be drawne accordingly.
Similar order in reference to her brother John.
May 4, 1697. Ordered that unless Jno Clements do put John High to school to learne to reade & write, he do appeare at the next court, and bring ye sd John with him, that the court may then do therein as shall be found fitt.
Elizabeth City County, July 18, 1698.--Ann Chandler, orphan of Daniel Chandler, bound apprentice to Phyllemon Miller till 18 or day of marriage, to be taught to read a chapter in the Bible, ye Lord's prayer, and ten commandments, and sempstress work.
Isle of Wight County.--At an Orphan's Court held on the 1st of May, Anno 1694.
Prsent: Col. Arthur Smith, Capt. Henry Applewhait, Mr. Hen. Baker, Mr. Thos. Giles, Mr. Antho. Holladay, justices.
Charles Edwards having exhibited a peticon to this Court for Grace Griswood, an Orphan Girl, that she might live with him, ye sd Charles, till eighteen years old or marryed. It is thereupon ordered yt the sd Orphan doe live & abide with the sd Edwards till age or marryed as aforesaid, & ye sd Charles doth hereby oblige himselfe to mainteyn her decently & see yt she be taught to read, sew, spinn & knitt, & att the expiration of the tyme to have sufficient cloathing as shall be thought well by the court.
The provision for education is found in the indentures of all young apprentices bound without the intervention of either the vestry or the court. And of these indentures there are numerous instances in the county records.
Indenture by which "Rebeccah ffrancis, Daughter of Richard ffrancis, of Hampton parish, [in York county," is apprenticed to Robert Managon and Mary his wife, "of ye county and parish aforesaid," untill the full age of twenty-one, conditioned on the said Robert Managon and his wife "finding ye said apprentice sufficient Apparell, Linnen and woolen," and also paying unto the said Apprentice "one able younge Breeeding Cow," and taking care "that the said Apprentice be virtuously brought up "and given "a Compleat yeares2 schooling, to be Educated in Reading ye vulgar tongue, to bee taught as aforesaid within the aforesaid term of his Apprenticeship." Dated September 24, 1690.
York Court, May ye 26th 1690.--Whereas Thomas Thorpe and Ellinor his wife sued Robt Green to this court, and in their peticon declare that they did binde Richard Gilbert there son An Apprentice to ye sd Defent for the space of nine yeares by one Indenture under hand and seale to bee Instructed and taught in ye Arts and Mistery of a taylor and to teach or cause him to be taught to teade & to write a Leageable hand, and not to Imploye him to Labour in the Grownd, Excepting in helping to make corne for the Defendts ffamely, but ye Defendt without regard to ye said Indenture Dayley keeps the said Apprentice to Labour in the Ground from year to year and omitts giveing him Learning or teach him his trade which is to ye said Apprentice utter Rewing and undoing. Therefore itt is ordered that ye Robt Green doe at ye next court Enter into a Bond of 4000 lb of tobacco & cask, with good and sufficient security for the true pformance of ye said Indenture and to fulfill every clause and Artickle therein expressed, according to ye true Interest and meaning of ye same.
Indeed, there was something of a system of compulsory education in Virginia from a very early date. An act of October, 16463 reciting the example of the English statutes, empowered the county justices to bind out at their discretion the children of "such parents whose poverty extends not to give them good breeding." This act, with broader provisions in favor of morality, was reenacted in 17274. The same covenants were inserted in the indentures requiring reading and writing as prevailed in the case of orphan children. Parents of immoral or dissolute character were not permitted the care of their children. Of the operation of these laws, the following from Charles City county books may be given as an example.
March Court, 1737.--Benja Harrison, Gent., informing ye Court that Richard Bragby & Elizabeth, his wife, and Mary Evans doth not take sufficient care in bringing up their children to an honest way of Liveing as well as in ye fear of God, It is ordered that ye said Bragby and his wife and Mary Evans be summoned to the Next Court to shew cause if any why their children should not be bound out as the law directs.
June Court.--An order binding out the children of Mary Evans and Richard Bragby.
1. Hening's Stats., I., 260, 416; II., 293; III., 375. The act of 1705 has this provision: "And the master of every such orphan (bound apprentice) shall be obliged to teach him to read and write, and at the expiration of his servitude to pay and allow him in like manner as is appointed for servants by indenture or custom. And if it shall appear that any such apprentice be ill used by his master or that he fails to teach him his trade, the court shall have the power to remove him and to bind him to such other person as to thenm shall seem proper."
2. The schools in New England taught two months in summer and two months in winter.--Weeden. So that this provision was equivalent in those primitive days to three years' instruction.
3. Hening, I., p. 336. The act also provided that the commissioners (justices) of the county courts should choose two children, either male or female, in each county to be sent up to James City between this and June next to be employed in the public flax house, under such master and mistress as shall be appointed, in carding, knitting, and spinning, provided the children be such as their parents, by reason of their poverty, are "disabled to maintain and educate them."
4. Hening, IV., p. 212.